Section 299 and Section 300 of the Penal Code deal with the offencing culpable homicide not amounting to murder and murder. Under the Mohammedan system there were three kinds of punishment namely relation, defined punishment and discretionary punishment and the entire administration was entrusted to Kazi, resulting in the punishment and the entire motion of each Kazi. When the British assumed power the need for uniform criminal law was felt necessary and the result of their labours is the present Penal Code. Offences affecting life are contained in section 299 to 311. The other offences depending upon the injury caused fall under section 312to 376 of the Penal Code.

We shall be now considering regarding homicide to explain very clearly culpable homicide and murder. The termed homicide is used to describe the killing of a human being by a human being. Such a killing may be lawful or it may be unlawful and criminal. Unlawful homicide includes murder, manslaughter causing death by dangerous driving, killing in pursuance of suicide pact and infanticide. Homicide is the killing of a human being by a human being .Homicide may be lawful or unlawful. Lawful homicide may again be classified under the heads (a) excusable homicide and (b) justifiable homicide; and unlawful homicide may be classified as (1)culpable homicide not amounting to murder,(2) murder (3) suicide and (4) homicide by rash and negligent acts not culpable.

Culpable homicide: According to the section 299of the Penal Code “whoever cause death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with commits the offence of culpable homicide”

Illustration:

(a)A lays sticks and turf over a pit, with the intention of thereby causing death or with the knowledge that death is likely to be there by caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b)A knows Z to be behind a bush. B does not know it A, intending to cause or knowing it to be likely to cause Z’s death, induces b to fire at the bush .B fires and kills Z. here b may be guilty of no offence: but a has committed the offence of culpable homicide.

(c)A, by shooting at fowl with intent to kill and steal it, kill and steal it , kills B who is behind a bush; A not intent ending that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide ,as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation:(1) A person who causes bodily injury to another, who is labouring under a disorder, disease or bodily infirmity and thereby accelerates the death of that other, shall be deemed to have caused his death. (2) Where death is caused by bodily injury, the person who caused such bodily injury shall be deemed to have caused the death although by resorting to proper remedies and skilful treatment the death might have been prevented. (3) The causing of the death of child in the mothers womb is not homicide. But it may amount to culpable homicide to cause the death of living child, if any part of that child has been brought forth the child may not have breathed or been completely born.

Murder: Sir Edward Coke refers that “Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth with any country of the realm any reasonable creature in rerum nature under the Kings peace with malice aforethought either expressed by the party or implied by law, so as the party wounded or hurt etc die of the wound etc within a year and a year after the same”

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...INTRODUCTION: The concept of murder and culpablehomicide are arguably the most complicated of provisions within the Indian Penal Code .Culpablehomicide and murder closely resembling each other and at times it become difficult to distinguish between the two, as the causing of death is common to both. Further, there must necessarily be criminal intention or knowledge in both culpablehomicide and murder .culpablehomicide is the genus, murder is
its species. However, the difference between culpablehomicide and murder is real though very fine and based upon a very subtle distinction of the intention and knowledge involved in these crimes. The true difference lies in the degree , there being the greater intention or knowledge of the fatal consequences in the one case than the other .
Section 299 of the Indian Penal Code defines culpablehomicide thus:
“Whoever causes the death by doing an act (a) with the intention of causing death or (b) with the intention of causing such bodily injury as is likely to cause death or (c) with the knowledge that he is likely by such act to cause death, commits the offence of culpablehomicide.” |
Section 300 then defines murder:
“Except in the cases...

...Literacy 199
27 October 2012
Homicide
When one human being kills another, they have committed homicide. But contrary to belief, homicide is not limited to murder. Murder is a form of criminal homicide, and other forms of homicide may not result in criminal prosecution. What usually determines the type of homicide is the intent of the killer. (http://legal-dictionary.thefreedictionary.com/homicide)
Under early English law, homicide was classified into two categories: felonious and non-felonious. Felonious homicide included premeditated attempts, and successions of homicide, and was classified as murder. Non-felonious homicide included justifiable homicide, and excusable homicide. Justifiable homicide was still considered criminal, but was usually pardoned. Excusable homicide was not considered a crime. U.S. courts adopted the English law and added a few modifications. Felonious (criminal) homicide now consists of murder and manslaughter. (Torcia, Charles E. 1994. Wharton's Criminal Law. 15th ed. New York: Clark, Boardman, Callaghan.)
Murder is separated into first and second degrees. Murder in the first degree is murder that is planned and...

...﻿Homicide- Murder and Constructive murder
Wallace (1986) Homicide: The Social Reality:
1. Homicide is socially, historically and culturally determined
2. Variety of offenders/victims/social settings
3. Interpersonal in nature, rather than instrumental/ideological
4. Interpersonal killings largely involve intimates
5. Homicide patterns reflect cultural norms
6. Spontaneous rather than premeditated
7. Offenders exhibit a wide range of moral culpability
Primarily committed by males 84% in 2006-7
Partial defence- provocation reduces murder to manslaughter
Crimes Act 1900 (NSW) s 18 – Murder and manslaughter defined
(1)
(a) the act of the accused caused the death was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon an attempt to commit, or during or immediately after the commission by the accused or some accomplice of him or her, punishable by imprisonment for life or 25 years
(b) Every other punishable homicide shall be taken to be manslaughter.
(2)
(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Homicide includes:
Murder
Constructive murder-
Voluntary...

... What is homicide? Homicide is the killing of one person by another but not all homicides constitute crimes. Certain exceptions, such as several killings in self-defense, are not crimes. Criminal homicides array from involuntary manslaughter to first degree murder, with gradations along the range of possible charges. Aspects which drive a killing from one class to another include whether the killing was premeditated, the killer intended to cause death, the killer acted on purpose when causing death, the killer acted with criminal negligence, recklessness, or with obvious disregard for human life. Different states draw slightly different lines between the various types of manslaughter and murder charges. Sentences handed down upon conviction vary widely between the different charges, and can include life without the possibility of parole, and the death penalty in most states, for first degree murder convictions.
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning. States divide murders into degrees, with first degree murder representing the worst form of homicide crime. State laws vary as to what exactly constitutes murder in the first degree, but it generally includes murders committed by...

...﻿1) Explain the difference between ‘manslaughter’ and ‘murder’ and describe the recourse a convicted murderer has after being sentenced by the Supreme Court. [KU-14]
Manslaughter and murder both fall under the term homicide.1 Homicide is described the killing of a human being by another human.1 Manslaughter is the unlawful killing of a human being without malice aforethought.2 Murder is described as the unlawful filling of human being with malice afore thought.3 Though both of these crimes involve the killing of a person they still differ. A person that has been convicted of murder and sentenced by the courts that feels as if they have been wrongly convicted may ask the judge for reconsideration; apply an appeal with the Court of Appeal or with the Judicial Committee of the Privy Council.4
Manslaughter
Manslaughter is the unlawful killing of a human being without malice aforethought. The murder was not premeditated meaning that the individual did not plan it. In some states manslaughter is also called third degree murder. In order for a killing to be called manslaughter it depends on the state of mind of the person and also the circumstances. Manslaughter can be further divided into two categories, voluntary and involuntary manslaughter.5
Voluntary manslaughter occurs in the “heat of the moment” meaning that the circumstancing leading to the killing caused an...

...﻿In this essay I will be criticising the law on murder including voluntary manslaughter and suggesting how it can be unsatisfactory as it can be quite confusing for the people who need to be applying the sentence for example the jury. Murder is a common law offence which means the law is made due to the cases however, it should be written down which means it would then be a statute law, which was suggested by Lord Coke in the 15th Century.
The government have also acknowledged the fat that the law of murder needs to become a statute law, they have also asked the law commissions to research this area so that they can produce a report on the possible reforms.
The major criticism is regarding the mandatory life sentence, this is criticised by both law professionals and the law commissions. It is hard for a judge to discriminate between different types of killings but will have the same sentence no matter if it’s an act of mercy killings when your partner is suffering an illness where there’s no hope that they will survive and the partner decides to switch the machine off, however they will receive the same punishment as say the Yorkshire ripper (Sutcliffe).
A trial judge cannot even tell the difference between the different kinds of murder when imposing the sentence. Judges should be allowed to be given more authority when depending on the circumstances on the case for them to think of an appropriate sentence....

...Explain the offence of defensive homicide under the Crimes (Homicide) Act 2005
Under defensive homicide in the crimes act (2005), A person who, by his or her conduct, kills another person in circumstances that, but for section 9AC, would constitute murder, is guilty of an indictable offence (defensive homicide) and liable to level 3 imprisonment (20 years maximum) if he or she did not have reasonable grounds for the belief referred to in that section.
Explain the law of self defence in relation to homicide cases
The law of self defence in relation to homicide case are that a person is not guilty of murder if he or she carries out the conduct that would otherwise constitute murder while believing the conduct to be necessary to defend himself or herself or another person from the infliction of death or really serious injury. In regard to an Alternative verdict of defensive homicide on charge for murder, If on the trial of a person for murder the jury are not satisfied that he or she is guilty of murder but are satisfied that he or she is guilty of an offence against section 9AD (defensive homicide), the jury may acquit the accused of murder and find him or her guilty of defensive homicide and he or she is liable to punishment...

...﻿Deavon DeMoulpied
CRJU 310A
04/21/2015
Murder: And all its forms
Throughout the criminal justice system, news, and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being.Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes.
When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing...